Agreement - Install Bells in West Side Quiet Zone - Canadian National - Grand Trunk Western Railroad Company

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AGREEMENT FOR LOCAL AGENCY HIGHWAY -RAILWAY CROSSING IMPROVEMENTS THIS AGREEMENT, made and entered into this 121h day of November, 2019, by and between City of South Bend, Indiana, by and through its Board of Public Works (hereinafter the "LOCAL AGENCY") and the Grand Trunk Western Railroad Company, with its address located at 17642 S. Ashland Avenue, Homewood, IL 60430 (hereinafter referred to as "RAILROAD"); WITNESSETH: WHEREAS, in the interest of public safety and convenience, the parties hereto propose to perform installation of crossing bells on existing RAILROAD crossings at Ford Street and Walnut Street on the South Bend Subdivision at railroad milepost 99.18 and 99.33 as identified in Exhibit A; and WHEREAS, the parties mutually agree to accomplish the proposed improvements in part through the use of LOCAL AGENCY funds which are provided as an appropriation by the LOCAL AGENCY; WHEREAS, the RAILROAD has committed to perform installation of crossing bells to crossings at a Lump Sum cost of $29,371 to the LOCAL AGENCY; NOW THEREFORE, in consideration of the promises and of the mutual covenants and agreements of the parties hereto, to be by them respectfully kept and performed as hereinafter set forth, it is hereby agreed as follows: ARTICLE I. For the purpose of identifying the plans, specifications, estimates and other documents, this project will be designated as "Road Crossing Improvements at Grand Trunk Western Railroad Company's Milepost 99.18 and 99.33, at/near South Bend, Indiana". ARTICLE II. The project covered under this Agreement shall be subject to all applicable federal, state, and local laws, rules, regulations, orders and approvals pertaining to agreements, specifications, award of contracts, acceptance of work and general engineering practices. With respect to reimbursement by the LOCAL AGENCY to the RAILROAD, as hereinafter provided, for any work or portion thereof performed by the RAILROAD, the LOCAL AGENCY and the RAILROAD shall be governed by the applicable provisions of the Federal -Aid Policy Guide (FAPG), as currently amended, which is also made a part of this Agreement by reference. ARTICLE III. The proposed improvements to be accomplished shall be in accordance with attached Exhibit A. The RAILROAD's portion of the work for the proposed improvements, listed under "WORK TO BE PERFORMED BY RAILROAD" on Exhibit A, shall be in accordance with the plan and the cost attached hereto as Exhibit A. No approved plan or specification shall be changed by the RAILROAD without written permission from the LOCAL AGENCY, excepting for minor changes necessitated by actual field conditions encountered at